(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Shall have the meaning ascribed to it in § 3 of the Illinois Cannabis Control Act, ILCS Chapter 720, Act 550, § 3, as amended from time to time, as if that definition were incorporated herein.
CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the Illinois Controlled Substances Act, ILCS Chapter 720, Act 570, as amended from time to time, as if that definition were incorporated herein.
DELIVER OR DELIVERY. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in §10 of the Methamphetamine Control and Community Protection Act, Chapter 720, Act 646, § 10, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Illinois Cannabis Control Act, ILCS Chapter 720, Act 550, as amended from time to time, the Illinois Controlled Substances Act, as amended from time to time, or the Methamphetamine Control and Community Protection Act, ILCS Chapter 720, Act 646, as amended from time to time. It includes, but is not limited to:
(1) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(2) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant that is cannabis or a controlled substance;
(3) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of cannabis or controlled substances;
(4) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(5) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, including, where applicable, the following items:
(a) Water pipes;
(b) Carburetion tubes and devices;
(c) Smoking and carburetion masks;
(d) Miniature cocaine spoons and cocaine vials;
(e) Carburetor pipes;
(f) Electric pipes;
(g) Air-driven pipes;
(h) Chillums;
(i) Bongs;
(j) Ice pipes or chillers.
(6) Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
(7) Any other item defined as DRUG PARAPHERNALIA by the Drug Paraphernalia Control Act, ILCS Chapter 720, Act 600, as it may be amended from time to time.
(B) Possession of drug paraphernalia.
(1) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a violation of this section for which the court shall impose a maximum fine of $750 for each violation. This division does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act, ILCS Chapter 720, Act 635.
(2) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis for that use, is guilty of a violation of this section for which the court shall impose a fine of not more than $750 for each violation.
(Ord. 2016-47, passed 9-9-16)